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1. The Defendants:
(a) Attached Form 2(a), (b), (c), and (d) of Annex 1, among the buildings listed in the attached Table 1 list.
Reasons
1. Part of the claim against Defendant E
(a)as shown in the reasons for the attachment of the claim;
(b) Judgment without holding any pleadings (Article 208 (3) 1 of the Civil Procedure Act);
2. The part of the claim against the defendant D
A. 1) The Plaintiffs are real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”) in the Suwon District Court F real estate auction case.
(2) The Defendants do not make a move-in report with respect to 301 of the instant real estate, but possess it after the lapse of June 10, 2013.
3) The Plaintiffs demanded the Defendants to surrender 301 of the instant real estate, but the Defendants did not comply therewith. 4) Of the instant real estate, the monthly rent after April 6, 2016, is presumed to be KRW 300,000 among the instant real estate.
[Ground of recognition] The non-contentious facts, Gap 1-5, and 8-3's entries, the purport of the whole pleadings
B. According to the above facts of determination as to the cause of the claim, as long as Defendant A did not assert or prove a lawful right of possession, Defendant D is jointly and severally with Defendant E to deliver 301 of the instant real estate to the Plaintiffs, and after Defendant D’s commencement date of possession, it is obligated to return the benefits acquired unfairly from the occupation and use of the instant real estate from April 6, 2016, which the Plaintiffs sought. Furthermore, with respect to the amount of unjust enrichment to be returned by the Defendants, health expenses and the amount of profit from the occupation and use of the ordinary real estate is the amount equivalent to the rent of the relevant real estate. As seen earlier, the monthly rent of 301 of the instant real estate is ratified as KRW 30,00,000,000, and Defendant D is jointly with Defendant E and is obligated to pay to the Plaintiffs an amount calculated at the rate of KRW 301,000,000 from April 6, 2016 to the 301.